A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On April 30, 2014, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and on November 13, 2015, the Defendant was sentenced to a summary order of KRW 6 million for a crime of violating the Road Traffic Act (dacting driving), and on January 25, 2018, the Defendant was sentenced to a suspended sentence of KRW 8 months for a crime of violating the Road Traffic Act (dacting driving), and the judgment became final and conclusive on February 2, 2018.

On May 4, 2018, the Defendant driven a motor vehicle of 04:40 on May 4, 2018, while under the influence of alcohol level of 0.167% while under the influence of alcohol level of 0.167% at around 4km from May 4, 2018 to the road located in the same military-style Gun-Si, Yan-dong, Namnam-dong, Namnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry, a summary order, a text of judgment, and the relevant list of cases, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

(a) favorable condition: The defendant reflects his mistake while recognizing the crime of this case;

B. Unfavorable conditions: The Defendant was punished three times as a drinking driver before the instant case; the Defendant again committed the instant crime without being aware of it during the suspension period due to drinking driving, etc., as seen in the previous record of the judgment, and the alcohol concentration in blood was high, etc.

C. Considering the Defendant’s age, sex, environment, and other factors of sentencing as stipulated in Article 51 of the Criminal Act, which are revealed in the records of the instant case.